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1813.

Town may

make by

laws tive to

markets,

&c.

An act to enlarge and explain the powers of the Fown-Meetings and Town-Council of the town of Providence.

SECTION 1. Be it enacted by the General Assembly, and by the authority thereof it is enacted, That the freemen of the town of Providence, in town-meeting legally assembled, shall have power to make by-laws for the government of said town, relative to the erecting, establishing and regulating public markets and market places, and the trade thereof; relative to the streets and highways of said town, and to the making, mending, paving, cleaning and lighting the same; relative to nuisances within the limits of said town; relative to landing places, wharves, anchoring and mooring of vessels, and to injuries and encroachments upon the waters of the rivers and harbor; relative to trees planted for shade, ornament, convenience or use; relative to public walks and buildings; relative to sweeping of chimnies, and to fire-engines, and machines for stopping or extinguishing fire, and the preservation of the town from fire; relative to a public watch, and the security of the town from riotous and disorderly persons; relative to taverns, cook-shops, oyster-houses and other places of entertainment, and to the assize of bread; relative to public shows, exhibitions and spectacles, and to the regulation of theatres, and other public places of amusement; relative to the public burying grounds, and the burial of the dead; relative to foot or side walks in the streets, and to posts, gutters, drains, signs, steps, celAnd inflict lar doors, windows and lamps therein; and to inflict penpenalties. alties for the breach of such by-laws; provided that such

penalty shall in no case, for any one offence, exceed the sum of forty dollars: that such penalties shall be forfeited to the use of the said town, or to such persons and for such uses as shall be in such by-law described, and shall and may be recovered by indictment, information or action of debt, in any court of competent jurisdiction: Proviso. Provided however, That said by-laws shall not be contrary to the laws of the State: and provided also, that nothing herein contained shall be construed to impair or repeal any power or authority heretofore vested by law in said town or town-council, nor to exempt offenders from the punishment or penalties already prescribed by the laws of the State, for any of the offences herein described.

power.

SEC, 2. And be it further enacted, That the town-coun- Towncil of said town be authorized and empowered to make council's rules and regulations relative to the public markets and market places, and the passing and arrangement of teams, carts, wagons, trucks and carriages therein; relative to the town-watch and the police of the streets and public places; and relative to such other subjects hereinbefore described as the said town may think fit to refer to the government and regulation of said town-council: and that said town-council be authorized, from time to time, to make, ordain and publish such ordinances and bylaws relative to the same as they may think fit, and in- May inflict flict penalties, for the breach thereof, in manner here- penalties, inbefore prescribed; which penalties shall be recovered in the manner hereinbefore prescribed; provided Proviso. such ordinances or by-laws be not contrary to the laws of the State, nor to the rules and regulations or by-laws which the freemen of said town in town-meeting may, at any time, make and pass.

&c.

SEC. 3. And be it further enacted, That the by-laws, reg- Townulations and ordinances aforesaid, to be made and passed clerk to publish as aforesaid, by the town-meeting or town-council of said by-laws. town, shall be, by the town-clerk of said town, and at the expence of said town, published in all the newspapers printed in said town, as soon as may be after the same shall be made and passed, for the term of three weeks at least, successively and that if said town-clerk shall neglect or refuse to publish the same as aforesaid, he shall forfeit and pay the sum of fifty dollars for every such offence, to be recovered by indictment, information or action of debt, one half to the use of the State, and the other half to and for the use of the person who shall inform and sue for the same.

An act for the better ordering of the Police of the town of Providence, and of the Work-House in said town.

1796.

1798.

the work

SECTION 1. Be it enacted by the General Assembly, and by the Governauthority thereof it is enacted, That the regulations hereto- ment of fore adopted under the authority of the town of Provi-house es dence, in town-meeting assembled, for the government of tablished. the work-house in said town, and to this act subjoined, be and they are hereby established as regulations for the good government of said work-house.

the town

May be al- SEC. 2. And be it further enacted, That the town-council of tered by the said town of Providence be and the said council is Council. hereby empowered from time to time hereafter, to alter and amend the said regulations, or to expunge such as may seem to them erroneous or unnecessary, or add such new articles as may to them seem necessary, provided the same be not repugnant to the laws of the State, or of the United States.

Council may remove or

house.

sons retur

And whereas, by reason of the existing laws of several of the neighboring States, it is often attended with great trouble and expence, and in some cases utterly impossible, to convey persons rejected by the said town-council to the place of their legal settlement.

:

SEC. 3. Be it therefore further enacted, That the said town-council may, upon the examination and rejection of commit to any transient person or persons, remove them to the place the work of their legal settlement, or (if likely to become chargeable) commit them to said work-house, to be there providMay com- ed for and kept to labor and the said town-council is mit per- hereby further empowered to commit to the said workning after house, or bridewell thereto belonging, any person who removal. having been legally removed from the said town, shall return to reside therein, contrary to their order of removal : Also per- and in case any transient person who is ordered to apsons elud- pear or be brought before the said council for examinaing examination. tion, shall secrete himself or herself to elude the officer, the said council may order the proper officer to take such person into custody, whenever found by him, and commit him or her to the said work-house until his or her examination be legally taken.

Convicts

may be

well.

SEC. 4. And be it further enacted, That any person, an for theft inhabitant of the said town of Providence, who shall be committed convicted before any court of justices in the county of to bride- Providence, of stealing or purloining any goods, wares, merchandize or other things not exceeding the value of ten dollars, shall, in default of paying the fine adjudged by the said court, be committed to the said bridewell for And put to a term of time not exceeding one year; and in default of hard labor paying the cost and restitution adjudged by the said court, such delinquent shall be put to hard labor in the said work-house, under the existing regulations thereof, until he or she shall discharge said cost and restitution, Iftransient or be otherwise legally discharged therefrom: but if persons, such delinquent be not an inhabitant of the said town of proceed. Providence, but a transient person or resident in the said

how to

town, without a legal settlement therein, the said court may at discretion sentence him or her as herein before provided, or proceed according to the statute in such cases heretofore made.

for assault

SEC. 5. And be it further enacted, That any person con- Convicts victed before any court of justices in the said town of and batte Providence, of an assault and battery, in default of pay-ry. ing the fine adjudged by the said court, shall be committed to the said bridewell, for a term of time at the discretion of the court, not exceeding six months; and in default of paying costs, shall be kept to hard labor in the said work-house, under the existing regulations thereof, until legally discharged therefrom.

behavior..

SEC. 6. And be it further enacted, That the town-council, Or riotous or any judge of a court, or justice of the peace, in the said town of Providence, may, upon the complaint of a freeholder, or other respectable person, or from facts within his or their own knowledge, call before him or them any drunken, riotous or disorderly person or persons, who may be detected in revelling in the streets, committing any sort of mischief, quarrelling, or otherwise behaving in a riotous and disorderly manner, to the disturbance and annoyance of the peaceable citizens of said town, and him, her or them commit to the said bridewell, for a time not exceeding twenty-four hours; which commitment shall be by a mittimus in writing, under hand and seal, stating the offence, and directed to the town-sergeant or constable to convey, and to the keeper of said work-house to receive the person or persons so offending into his custody.

house.

SEC. 7. And be it further enacted, That upon complaint Vagrants being made to the said town-council, or any justice of the committ peace, in the said town of Providence, against any idle to the vagrant person, or any person who, having no family, has work been examined by the said town-council, and ordered to depart, or any person who shall attempt to procure a living by begging in the streets, houses or elsewhere, the said town-council or justice, shall, upon due proof being made, commit such person to the said work-house, for a time not exceeding one month, in manner as aforesaid, there to be kept to labor.

for officer's neglect, &c

SEC. 8. And be it further enacted, That if any officer to Penalty whom any precept shall be directed as aforesaid, shall refuse or neglect to execute the same, upon complaint and due proof of such delinquency being made before

any one justice of the peace, in the said town, such delinquent shall pay, to and for the said town of Providence, the sum of twenty dollars, with costs of prosecution; and any freeman of the said town may sue for and prosecute Proviso. the same to final issue; provided that nothing in this act shall be construed to preclude any person from the right of appeal, in any case heretofore allowed by law: and it is further provided, that no part of the expence attending the government of the said work-house shall be chargeable on the State, except the maintenance of persons committed for theft or assault and battery, who shall be allowed the same support as is allowed poor prisoners in jail.

Regula Regulations for the government of the Work-House in Providence, by the preceding act established.

tions of

the workhouse.

Duty of

Overseers.

DUTY OF THE OVERSEERS.

The overseers for the time being shall meet at the work-house statedly on the first Monday in June, September, December and March, and at such other times as shall be found necessary, as occurrences may happen: the business of such stated meeting shall be to enquire into the state of the work-house, and as far as may be to remedy any inconvenience, settle the keeper's accounts, and do such other business as the nature of their appointment may require the said overseers shall appoint one of their number, whose duty it shall be to visit the workhouse weekly, and inspect into the conduct of the keeper, and the situation and conduct of those under his charge; which appointment shall continue for such term as may be agreed upon by the overseers; which visiting overseer shall call a special meeting of all the overseers whenever he may deem it necessary.

DUTY OF THE KEEPER.

Of keeper. The keeper of the work-house shall be allowed such compensation, together with such room for the use of his family, as may be agreed upon by the committee appointed for that purpose; to be paid out of the town-treasury quarterly: he shall also be allowed fifty per cent. of all the neat earnings of those under his care: he shall carefully inspect into the moral conduct of the paupers, and whoever may be committed to his care: he shall enjoin

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